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2025 DAILYLAW 24254 (AP)

SRI NADIMPALLY RAJARAM v. SMT. NADIMPALLY LAKSHMI AND 3 OTHERS

FCA/119/2005 · 2025-09-09

A Hari Haranadha Sarma, Battu Devanand

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010342712005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •ii: WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) NO: 119 OF 2005 Appeal under Section 19 of Family Courts Act, 1984 against the judgment and decree in O.S No. 38/2000 dated 23-02-2005 on the file of Family Court, Visakhapatnam. Between: Sri Nadimpally Rajaram, S/o Sri N.V.B.S.Dutt, Hindu, aged about 47 years. Business, R/o part of Flat no.604, Dutch House Apartments, Beach Road, Visakhapatnam ...Appellant/1 Respondent AND 1. Smt. Nadimpally Lakshmi, W/o Nadimpally Rajaram, 43 years. Flat No.604 Dutch House Apartments, Beach Road, Visakhapatnam 2. Baby Nadimpally Nivedita, 24 years, D/o Nadimpally Rajaram, minor, rep. by her mother - 1 Apartments, Beach Road, Visakhapatnam St Respondent. Flat No.604 Dutch House r (Respondent No.2 was declared as major and discharging the guardianship of her mother Respondent No.1 vide court Order dated 28/10/2015 in I.A No. 1 of 2015 in FCA No.119 of 2005.) ...Respondents/Plaintiffs 3. Nadimpally Venkata Balasubrahmanya Dutt 4. Smt. Venkata Naga Lakshmi [Res. 3 and 4 are not necessary parties to this appeal] ...Respondents Counsel for the Petitioner: Sri Sai Gangadhar Chamarty Counsel for the Respondents: Sri Kowturu Pavan Kumar The Court made the following Judgment: APHC010342712005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] ■IS WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARIVIA FAMILY COURT APPEAL (FCA) NO: 119/2005 Between: 1.SRI NADIMPALLY RAJARAM BUSINESS R/0 apartments, BEACH ROAD S/0 SRI N.V.B.S.DUTT, HINDU DUTCH HOUSE PART OFFLAT NO.604 ...APPELLANT AND NADIMPALLY LAKSHMI AND 3 OTHERS, W/0 NADIMPALLY NO.604 DUTCH HOUSE APARTMENTS, BEACH 1.SMT RAJARAM, FLAT ROAD, NIVEDITA, D/0 NADIMPALLY RAJARAM, 2 BABY NADIMPALLY MINOR, REP. BY HER MOTHER - 1ST RESPONDENT. FLAT NO.604 DUTCH HOUSE APARTMENTS, BEACH ROAD, 3. NADIMPALLY VENKATA BALASUBRAHMANYA DUTT, [ADDRESS NOT GIVEN] NAGA LAKSHMI, [RES. 3 AND 4 ARE NOT 4 SMT VENKATA NECESSARY PARTIES TO THIS APPEAL] [ADDRESS NOT GIVEN] ...RESPONDENT(S): against ordersset aside the judgment Appeal under section and decree passed in OS.no.38/2000 by the Family Court, Visakhapatnam dated 23-2-05 lA NO: 1 OF 2Q05(FCAMP 245 OF 2005 Petition under Section 151 CPC . praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court condone the delay of 69 daysin filing the appeal may be pleased lA NO: 1 OF 2015(FCAMP 375 OF 2015 Petition under Section 151 CPC . .. , praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner as major by discharging the guardian of her mother Smt. N.Lakshmi in FCA.No. 119 of 2005 in the interest of justice as well as in FCAMP.no. 258 of 2005 [A NO: 2 OF 2015tFCAMP 376 OF 2015 Petition under Section 151 CPC . praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the stay order granted in FCAMP.no, 258 of 2005 in FCA no 119 of 2005 dt. 10/08/2005 Counsel for the Appellant: 1.SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1.KOWTURU PAVAN KUMAR The Court made the following: THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.119 OF 2005 JUDGMENT:f'PerHon b/e Sri Justice Battu Devanand) The Family Court Appeal is filed questioning the Judgment and Decree in O.S.No.38 of 2000, dated 23.02.2005 passed by the Judge, Family Court Visakhapatnam. Consequently, prayed to set-aside the impugned Judgment and Decree, dated 23.02.2005. 2. During the course of hearing today, Sri.Sai Gangadar Chamarthy, learned counsel for the appellant sought permission of this Court to withdraw the Appeal as per the instructions of his clients. 3. Permission is accorded. 4. Accordingly, the Family Court Appeal is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family Court, Visakhapatnam, Visakhapatnam district (with records if any) 2. One CC to Sri. Sai Gangadhar Chamarty, Advocate [OPUC] 3. One CC to Sri. Kowturu Pavan Kumar, Advocate [OPUC] '■'M K 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies Stu sree y V HIGH COURT DATED:10/09/2025 JUDGMENT FCA NO. 119 OF 2005 2 A SEP 2025 ar m, O .Co/ . Current section . DISMISSING THE FAMILY COURT APPEAL AS WITHDRAWN WITHOUT COSTS